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Florida Agricultural Law Questions & Answers
1 Answer | Asked in Agricultural Law and Animal / Dog Law for Florida on
Q: How do I create and file intent to lien a horse who has been abandoned by owner and/or board hasn’t been paid ?
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 26, 2020

In order to claim a possessory lien on the horse, a security interest in the horse would need to have been created in the boarding contract. The only other way to get the horse would be to sue the owner, get a judgment, levy upon the horse, and then buy it at the execution sale.

1 Answer | Asked in Real Estate Law, Agricultural Law and Land Use & Zoning for Florida on
Q: HOA not allowing Fruit Trees in Backyards

We have just brought a house in a HOA governed community in Tampa, Florida. We have a 2000 sqf backyard and have planted some Florida approved fruit trees like mango , banana as we wanted home grown food and for religious practices. We got a letter from HOA that we are not allowed to plant fruit... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 27, 2020

The ARB documents/guidelines are valid restrictions adopted by the HOA. Whether or not you can claim a reasonable accommodation for religious practices is a fact-based question that requires the review of a lot of factors, which go beyond the scope of this website and require a review of all of... Read more »

1 Answer | Asked in Employment Law and Agricultural Law for Florida on
Q: Is this illegal?

This is an agriculture business, one of my employees was demanding a raise or he was quiting and having another employee fired or else he was quiting, which neither happened. At the same time he had his car repossessed and was blaming it on the fact that the company doesn't pay him enough (he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 17, 2020

Is what illegal? He can quit, of course, or you can fire him under most circumstances. What would his "wrongful termination" claim be; it's not enough for him to complain that he was fired "wrongfully", employment is generally "at will", which means that an... Read more »

1 Answer | Asked in Employment Law and Agricultural Law for Florida on
Q: I'm an independent contractor. My boss has threatened to dock my pay as a punishment, is it legal for this to happen?

I work on a horse ranch. Today I woke up to a sign stating that if things aren't done properly. My pay will be docked. This raised a lot of red flags for me. (Is this legal, how much money is going to be taken off my check.)

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 23, 2020

Yes it is certainly legal for your employer to notify you (and all other employees) that they need to do a better job tending to the horses. Why?

Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and...
Read more »

1 Answer | Asked in Agricultural Law and Animal / Dog Law for Florida on
Q: What is the minimum age in Kentucky for a breeder to sell a puppy.

I want to buy a puppy but breeder wants to give to me at 5 weeks old . Is this legal? I tho they need to wait 8 weeks .

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 11, 2020

This section of this site is for questions concerning Florida law. Ask your question in Justia > Ask a Lawyer > Kentucky.

1 Answer | Asked in Animal / Dog Law, Employment Law, Tax Law and Agricultural Law for Florida on
Q: I worked/boarded dogs in a kennel; can they hold my dogs until bill is paid when they haven't paid valid wages?

I boarded dogs at a kennel. After 5 months of payments the owner offered me a part-time job. It progressed from a 3-4 hour morning/evening to 24 hours (10 hrs in the kennel & 14 hrs in their home taking care of their 8 pets) over 3, 5, 7, or 10 day periods. On lunch, I was required to answer... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 10, 2019

None of these historical facts matter because your former employer still has your dogs. After you have recovered your dogs you can think about suing these people for overtime wages and other things.

1 Answer | Asked in Agricultural Law for Florida on
Q: Our farm has a greenbelt but the barn is permitted ag exempt for personal use only. Can we use it for public agritourism

We are in a county that is extremely difficult to work with and they have said that if we use our barn for anything other than personal use they will revoke the building permit that we used to build our barn because it was permitted with an agricultural exemption that said it was for personal use... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 25, 2018

Florida Statute 570.85 Agritourism.— provides that:

"... Except as otherwise provided for in this section, and notwithstanding any other provision of law, a local government may not adopt or enforce a local ordinance, regulation, rule, or policy that prohibits, restricts,...
Read more »

1 Answer | Asked in Real Estate Law, Agricultural Law and Landlord - Tenant for Florida on
Q: Hello , my apartment has mold that is not elevated,but I get terrible hives when I'm there. Do I need to disclose result

Of test to landlord legally? Or should he perform his own testing since I paid for the original test.my Dr advised me not to live there since I have lupus and my hives and swelling are severe. I just want to be released from the lease agreement.

Andy Wayne Williamson
Andy Wayne Williamson answered on Nov 27, 2017

Best advice is that you need to consult with a tenant attorney ASAP. There is a way to get out of a lease, but you must follow the proper steps and set it up correctly. You need hands on legal advice not a blurb from this site.

Good luck,

Q: Can my husband get a huge check after getting struck by lightning?

A while back my husband got struck by lightening on the job along with 3 other people on a field. the dairy gave him workers comp. But just yesterday he found out not even by his boss but by an ex-employee he was fired; due to getting contractors to do their job. My Husband worked on the fence... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 18, 2017

Contact a member of the Fla Justice Assn that handles comp--they give free consults. Your husband needs to find out when he can go to a doctor of his own choosing. Generally that's all your husband will get.

1 Answer | Asked in Agricultural Law, Animal / Dog Law and Civil Litigation for Florida on
Q: Can I legally force my mother to get rid of her horses?

Florida: My mother has 4 horses, and financially she is suffereing. She works 2 jobs and still cannot pay her bills, utilities are cut off every other month and I'm having to pay them for her. I know if she got rid of her horses, or at least 3 of them, she would be fine, but she refuses to do... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 18, 2016

No, unless you can persuade a court that she is mentally incompetent, you cannot second-guess her financial decisions. You indicate that you are "having" to pay her bills. Actually that is not correct. Legally, you have no obligation to pay her bills.

1 Answer | Asked in Agricultural Law for Florida on
Q: WHAT ACTS WOULD CAUSE LEGAL ACTION UNDER AGRICULTURE ACTS
Robert Jason De Groot
Robert Jason De Groot answered on Aug 8, 2015

Read it and find out.

1 Answer | Asked in Agricultural Law for Florida on
Q: How do I file a PACA formal complaint?
Robert Jason De Groot
Robert Jason De Groot answered on Aug 7, 2015

What does PACA stand for?

1 Answer | Asked in Agricultural Law for Florida on
Q: Has it ever been illegal to grow wheat in florida?
Robert Jason De Groot
Robert Jason De Groot answered on Aug 4, 2015

I doubt it, and what would you do with a yes or no answer, anyway?

1 Answer | Asked in Agricultural Law for Florida on
Q: What is the law in reference to trees or bushes hanging over property line, fifteen feet high?

Branches from my tree cross over my property line onto next yard about 15feet in the air, not touching any structure. Am I in violation of any laws?

Robert Jason De Groot
Robert Jason De Groot answered on Apr 1, 2015

Cases vary depending upon the facts of the case and the ability of the parties to a case to resolve the specific issues established in the pleadings of the case. Mediation is mandatory, usually, and a complete settlement can be reached in a vast majority of cases filed. In order to know the law on... Read more »

1 Answer | Asked in Agricultural Law for Florida on
Q: My neighbors tree limbs are falling all over my yard and hanging over my roof am I responsible for trimming the limbs?

My neighbor has a huge tree and the limbs are hanging and touching my roof. Today when I got home one very large branch had fallen on one of my large animals cages and bent it all up and another fell on the shared fence and landed in my yard. Several more are dead and could fall any day. When I ask... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Nov 14, 2012

Make a claim to her insurance company for the damages.

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